Absentee-Shawnee Tribe of Indians of Oklahoma
Juvenile Code
Chapter 8. Grandparental Visitation Rights
801. Jurisdiction
802. Best Interest of the Child Standard
803. Grandparent Defined
804. Child Born Out of Wedlock
805. Remarriage of Surviving Parent
806. Parental Rights Previously Terminated
807. Costs of Visitation
808. Full Faith and Credit
AST JUVENILE Code 801
801. Jurisdiction
The Court is vested with jurisdiction to issue orders granting grandparental visitation rights and enforce such visitation rights, upon the filing of a verified petition for such visitation rights or enforcement thereof Notice as ordered by the Court shall be given to the person or parent having custody of said child.
Absentee Shawnee Juvenile Code 801, AST JUVENILE Code 801
AST JUVENILE Code 802
802. Best Interest of the Child Standard
Pursuant to the provisions of this section, any grandparent of an unmarried minor child shall have reasonable rights of visitation to the child if the Court deems it to be in the best interests of the child. The right of visitation to any grandparent of an unmarried minor child shall be granted only so far as that right is authorized and provided by order of the Court. Visitation may be subject to supervision as directed by the Court.
Absentee Shawnee Juvenile Code 802, AST JUVENILE Code 802
AST JUVENILE Code 803
803. Grandparent Defined
For the purposes of this Chapter grandparent means:
(a) A biological grandparent, or
(b) The brothers and sisters of a biological grandparent, and their spouses, or
(c) Any other person, who, by virtue of an adoption either of themselves or a member of their family pursuant to the laws or customs of any Indian Tribe or state, would come within the terms of subparagraphs (1) or (2) of this subsection.
Absentee Shawnee Juvenile Code 803, AST JUVENILE Code 803
AST JUVENILE Code 804
804. Child Born Out of Wedlock
If a child is born out of wedlock, the parents of the father of such child shall not have the right of visitation authorized by this section unless such father has been judicially determined to be the father of the child or the grandparents have had an existing or on-going grandparental relationship with the child born out of wedlock.
Absentee Shawnee Juvenile Code 804, AST JUVENILE Code 804
AST JUVENILE Code 805
805. Remarriage of Surviving Parent
If one natural parent is deceased and the surviving natural parent remarries, any subsequent adoption proceedings shall not terminate any court-granted grandparental rights belonging to the parents of the deceased natural parent unless said termination of visitation rights is ordered by the Court after opportunity to be heard, and the Court determines it to be in the best interest of the child.
Absentee Shawnee Juvenile Code 805, AST JUVENILE Code 805
AST JUVENILE Code 806
806. Parental Rights Previously Terminated
If the parental rights of one or both parents have been terminated, any person who is the parent of the person whose parental rights have been terminated may be given reasonable visitation rights if the Court determines it to be in the best interest of the child.
(a) If the child has been born out of wedlock and the parental rights of the father of the child have been terminated, the parents of the father of such child shall not have a right of visitation authorized by this section to such child unless:
(1) the father of such child has been judicially determined to be the father of the child;
(2) the Court determines that a previous grandparental relationship existed between the grandparents and the child; and
(3) the Court determines such visitation rights to be in the best interest of the child.
(b) If the child is born out of wedlock and the parental rights of the mother of the child have been terminated, the parents of the mother of such child shall not have a right of visitation authorized by this section to such child unless:
(1) the Court determines that a previous grandparental relationship existed between the grandparents and the child; and
(2) the Court determines such visitation rights to be in the best interest of the child.
(c) The Court shall not grant to the grandparents of an unmarried minor child, visitation rights to that child:
(1) subsequent to the adoption of the child, provided, however, any subsequent adoption proceedings shall not terminate any prior Court granted grandparental visitation rights unless said termination of visitation rights is ordered by the Court after opportunity to be heard and the Court determines it to be in the best interest of the child, or
(2) if the child had been placed for adoption prior to attaining six (6) months of age.
Absentee Shawnee Juvenile Code 806, AST JUVENILE Code 806
AST JUVENILE Code 807
807. Costs of Visitation
Any transportation costs or other costs arising from any visitation ordered pursuant to this section shall be paid by the grandparent(s) requesting such visitation.
Absentee Shawnee Juvenile Code 807, AST JUVENILE Code 807
AST JUVENILE Code 808
808. Full Faith and Credit
Orders of state courts and other tribal courts involving grandparental visitation rights to children over whom the Court could assume jurisdiction shall be recognized and given full faith and credit if:
(a) The issuing court had jurisdiction over the parties and the subject matter;
(b) The procedures specified in the Indian Child Welfare Act, if applicable, were properly followed; and
(c) Due process and other rights provided by the Indian Civil Rights Act were accorded all interested parties.
Absentee Shawnee Juvenile Code 808, AST JUVENILE Code 808